The Property Mill Queensland – 10th November 2014

November, 2014

In the Media

New opportunities for agriculture in northern Australia

Major opportunities for expanding northern Australia’s irrigated agricultural industries—across Western Australia, the Northern Territory and Queensland—have been identified in a new joint study by CSIRO and the Australian Bureau of Agricultural and Resource Economics (ABARES) (03 November 2014)

To read more, please click here.

Emissions Reduction Fund passes Senate

The Emissions Reduction Fund legislation has been passed by the Senate, with legislative amendments to establish the Emissions Reduction Fund passed be the Senate. The Emissions Reduction Fund offers new opportunities for businesses to be rewarded for delivering genuine and additional carbon abatement schemes. Competitive auctions will be held to buy emissions reductions from successful bidders at lowest cost (31 October 2014)

To read more, please click here.

Competition is delivering benefits on the waterfront

The ACCC chairman said increased competition is delivering improvements in Australian stevedoring, which build on significant gains in the industry since the waterfront reforms of 1998. Cheaper imports and lower costs for exporters will see benefits flow through the economy(30 October 2014)

To read more, please click here.

Queensland

South East Queensland Regional Plan delayed

The Property Council this week received confirmation that the review of the South East Queensland Regional Plan (SEQRP) has been delayed until after the election. This delay and expansion of the review will allow the Department of State Development, Infrastructure and Planning (DSDIP) to investigate those key issues raised (30 October 2014)

To read more, please click here.

Initiatives to help address insurance affordability for North Queensland

The Government is delivering on its commitment to assist consumers and increase competition in the North Queensland insurance market, establishing a comparison website to help consumers to compare home building and home contents insurance products. The Australian Securities and Investments Commission will establish this site by March 2015 (23 October 2014)

To read more, please click here.

Cruise terminal plans prompt new information centre at Broadwater Parklands

The consortium wanting to build an integrated resort and cruise ship terminal, in the Gold Coast Broadwater, will open a new information centre today. The ASF Consortium said revisions to the Broadwater project would help ensure greater transparency (21 October 2014)

To read more, please click here.

In practice and courts

Under Division 1 of the Sustainable Planning Act 2009 and Statutory Guideline 2/14 Stage 3, Step 5 notice is given that:

North Burnett Regional Planning Scheme 2014

North Burnett Regional Council has adopted the North Burnett Regional Planning Scheme on 21 October 2014 and has set the commencement date of the new scheme as 3 November 2014.

To read more, please click here.

North Burnett Regional Planning Scheme Policies 2014

North Burnett Regional Council adopted the North Burnett Regional Planning Scheme Policies on 24 June 2014 has set the commencement date of the new policies as 3 November 2014.

To read more, please click here.

Townsville City Council: Townsville City Plan and Planning Scheme Policies

The Townsville City Plan and planning scheme policies will replace the existing planning schemes and all associated planning scheme policies of the former Townsville City Council City Plan 2005 and former Thuringowa City Council Planning Scheme 2003, commencing on 27 October 2014. The Townsville City Plan and planning scheme policies will be available from council’s website.

Cases

Amricama Pty Ltd v Red Carpet Real Estate [2014] QSC 267

LANDLORD AND TENANT – RENT – PROVISIONS AS TO RENT IN AGREEMENT FOR LEASE OR LEASE – DETERMINATION OF RENTAL – where Respondent exercised option under lease – where parties disagreed about rent to be paid under renewed lease – where s 27A of the Retail Shop Leases Act 1994 (Qld) allows for determination of market rent before an option to renew – where s 28 of the Retail Shop Leases Act 1994 (Qld) provides for the current market rent to be determined by a specialist retail valuer – where the valuer agreed upon by the parties in mediation as part of QCAT proceedings was not a specialist retail valuer – where the lease did not provide for the rent to be determined in a particular way – where the Respondent refuses to provide a lease in registrable form – whether s27A of the Retail Shop Leases Act 1994 (Qld) applies – whether the provisions of s27A of the Retail Shop Leases Act 1994 (Qld) can be waived by the parties.

To read more, please click here.

GWC Property Group Pty Ltd v Higginson & Ors [2014] QSC 264

There were two documents, a lease and an Incentive Deed. This proceeding involves no claim on the lease and no claim against the tenant, Hynes Lawyers. The first, second and third defendants are sued as guarantors under the Incentive Deed. The plaintiff claims some $1.2 million as the amount of incentives which Hynes Lawyers received pursuant to the provisions of the Incentive Deed and has failed to repay on termination, in accordance with the terms of the deed Held: Judgment for the first, second and third defendants against the plaintiff

To read more, please click here.

Legislation

Commonwealth

Great Barrier Reef Marine Park Amendment (Bait Netting) Regulation 2014

SLI No 153 – This regulation declares the nets and specifies the limitations on netting for the definition of bait netting in the Zoning Plan (03 November 2014)

To read more, please click here.

National Rental Affordability Scheme Amendment (Administrative Processes) Regulation 2014

SLI No 170 – This regulation amends the National Rental Affordability Scheme Regulations 2008 and National Rental Affordability Scheme Amendment (Provisional Allocations and Other Measures) Regulation 2014 to improve the alignment and long standing administrative practice by providing greater flexibility as well as reducing compliance requirements (that do not contribute to the achievement of efficiency and economy in the Scheme) imposed upon approved participants (03 November 2014)

To read more, please click here.

Queensland

Bills Updated

Major Events Bill 2014
Report from Committee on 20/10/2014
The policy objective of the Bill is to provide a generic legislative framework that can be used for the conduct of major events across Queensland. This includes the Gold Coast 2018 Commonwealth Games, 2015 Asian Cup, V8 Supercars motor racing events, and other major events Queensland may decide to host in the future

Environmental Protection and Other Legislation Amendment Bill 2014
Introduced on 28/08/2014 Report from Committee on 22/10/2014

Queensland Heritage and Other Legislation Amendment Bill 2014
Introduced on 9/09/2014Report from Committee on 22/10/2014
Passed with amendment on 29/10/2014

Queensland Plan Bill 2014
Passed with amendment on 16/10/2014 Exp Note

See also Queensland Plan Bill 2014
Finance and Administration Committee Report No 51: Brisbane, October 2014
Report no. 51: Queensland Plan Bill 2014

Acts as passed

No 55: Disaster Management and Another Act Amendment Act 2014 – 27 October 2014

No 58: Queensland Plan Act 2014 – 27 October 2014

Subordinate legislation as made

No 236 Sustainable Planning Amendment Regulation (No. 6) 2014 – 24 October 2014
Sustainable Planning Act 2009 – includes amendments for

No 237 Proclamation commencing certain provisions of the Mineral and Energy Resources (Common Provisions) Act 2014, 24 October 2014 for the commencement of chapter 9, part 12 of the Act

No 240 Recreation Areas Management Amendment Regulation (No. 1) 2014– Recreation Areas Management Act 2006 – Exemption for Cooloola Recreation Area vehicle access permits granted to residents of Inskip or Rainbow Beach

Queensland legislation can be accessed at www.legislation.qld.gov.au

Contact Mills Oakley

Melbourne


James Price | Partner 
T: +61 3 9605 0824
E: jprice@millsoakley.com.au


Anthony Brearley | Partner
T: +61 3 9605 0810
E: abrearley@millsoakley.com.au


Tom Cantwell | Partner
T: +61 3 9605 0958
E: tcantwell@millsoakley.com.au

luke-westmore

Luke Westmore | Partner
T: +61 3 9605 0061
E: lwestmore@millsoakley.com.au

Brisbane

tony-butler

Tony Butler | Partner 
T: +61 7 3228 0432
E: tbutler@millsoakley.com.au

Sydney


lachlan-paterson

Lachlan Paterson | Partner
T: +61 2 8289 5895
E: lpaterson@millsoakley.com.au

Catherine Hallgath | Partner
T: +61 2 8289 5806
E: challgath@millsoakley.com.au

Tim L’Orange | Partner 
T: +61 2 8289 5816
E: tlorange@millsoakley.com.au

Canberra

adam-peppinck

Adam Peppinck | Partner
T: +61 2 6196 5203
E: apeppinck@millsoakley.com.au

Perth

andrew-logan

Andrew Logan | Partner
T: +61 8 6167 9802
E: alogan@millsoakley.com.au

patrick-thaung

Patrick Thaung | Partner
T: +61 8  6167 9803
E: pthaung@millsoakley.com.au

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